Merezhkina M.S., Tsytsylina T.L., Shiro S.V. Freedom of the Judicial Discretion in the Interpretation of Evaluative Categories
DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.12
Marina S. Merezhkina, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Business Law, Arbitration and Civil Procedure, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-7158-5024
Tatiana L. Tsytsylina, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law Disciplines, Volzhsky Institute of Economics, Pedagogy and Law, Sovetskaya St., 6, 404111 Volzhsky, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-1729-4220
Stanislav V. Shiro, Candidate of Sciences (Pedagogy), Associate Professor, Head of the Department of Law and Methods of Teaching Law, Volgograd State Social Pedagogical University, Prosp. im. V.I. Lenina, 27, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9725-698X
Introduction: evaluative categories in the Russian civil law are quite widespread. These categories include reasonableness in determining the amount of losses, a significant drawback, good faith of the acquirer, a reasonable period of time, and others. There are different approaches to the definition of the institute of evaluative categories. To date, no single approach to the concept of “evaluative category” has been developed. Evaluative concepts are fuzzy, inaccurate and abstract. In this regard, the main purpose of this study is to determine the mechanism of application of the analogy of the law for the purpose of official interpretation and explanation of evaluative concepts. It is necessary to simplify the task of distinguishing between statements of fact and evaluative judgments. Methods: the study used both the general scientific methods (the dialectical method of cognition, analysis, synthesis, formal logical method, etc.) and the specific scientific methods (formal legal, analytical, etc.). Results: the paper assesses the implementation of approaches to the interpretation of evaluative categories in cases with the use of judicial discretion. The main groups of evaluative categories are identified. Conclusions: as a result of the study, the need to create additional mechanisms for the use of evaluative categories in the adjudication of civil disputes is identified. It is advisable to fix the limits of qualitative and quantitative characteristics of evaluative categories.
Key words: civil process, evaluative category, judicial discretion, reasonableness, judicial practice.
Citation. Merezhkina M.S., Tsytsylina T.L., Shiro S.V. Freedom of the Judicial Discretion in the Interpretation of Evaluative Categories. Legal Concept, 2019, vol. 18, no. 2, pp. 79-83. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.12
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